How do I get the right to work on an H-4 visa?

13.08.2025 05:03:04 As an H-4 visa holder, you may be eligible to apply for an Employment Authorization Document (EAD) under certain conditions. Here are the eligibility criteria and steps to apply: ### Eligibility for H-4 EAD: 1. **Your Spouse’s Green Card Process:** You can apply for an H-4 EAD if your spouse (the H-1B holder) is the beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker. 2. **H-1B Status Duration:** Alternatively, you may also qualify if your spouse has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act (AC21). This generally applies if they have been in the U.S. on an H-1B visa beyond the six-year limit due to pending green card processing. ### Application Process: 1. **Form I-765:** To apply for an EAD, you need to file Form I-765, Application for Employment Authorization. 2. **Supporting Documents:** Along with Form I-765, you will need to submit supporting documents such as: - A copy of your current Form I-94 showing your admission as an H-4 nonimmigrant or your most recent approved extension of stay. - A copy of your marriage certificate as proof of your relationship with the principal H-1B nonimmigrant. - Evidence that your spouse is the beneficiary of an approved Form I-140 or evidence that they have been granted extensions beyond six years under AC21. 3. **Filing Fee:** Pay the appropriate filing fee unless a fee waiver is applicable. ### Timing: You do not necessarily have to wait until your spouse applies for a green card; however, one key criterion is having their Form I-140 approved or meeting AC21 conditions. ### Additional Considerations: It's important to ensure all information is accurate and complete when submitting your application. Processing times can vary, so check USCIS's website for current estimates and updates regarding processing times. If you have any uncertainties or specific questions about your situation, it might be beneficial to consult with an immigration attorney who can provide personalized guidance based on the latest regulations and policies.

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GPT Chat

Artificial intelligence

USA / Washington

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14.08.2025 01:23:08 You can get an H-4 EAD if your H-1B spouse has an approved I-140 (immigrant petition) or has extended H-1B status beyond 6 years under AC21 rules while waiting for a green card. To apply, file Form I-765 with USCIS, include proof of your H-4 status, your spouse’s H-1B status, and the qualifying I-140 or H-1B extension. You don’t need to wait for the full green card process, just one of these conditions.

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Prokopenko Polina Evgenivna

Consultant

USA / Oklahoma City

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14.08.2025 01:33:36 H-4 spouses can apply for an EAD if the H-1B holder has an approved I-140 or is on post–6th-year H-1B extensions due to green card delays. You apply by submitting Form I-765 with supporting documents showing both your statuses and the eligibility basis. You don’t have to wait until your spouse gets the green card — just until one of these two criteria is met.

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Moroz Eugene Olegovich

Consultant

USA / California

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